Brain Injury Claims
As a clinical negligence solicitor, my primary focus revolves around helping individuals who have suffered due to medical malpractice, and one of the most critical and challenging areas I deal with is assisting clients with brain injury claims.
When clients come to me with their brain injury claims, I understand the immense responsibility that lies ahead. My first step is to listen carefully to their accounts, empathizing with the pain and suffering they've endured due to the delayed or missed diagnosis. These cases often involve a deep emotional toll on the victims, as they may have lost a loved one or experienced severe health complications themselves.
Initiating the claims process involves the crucial step of gathering all relevant medical records. I will engage an independent medical expert to meticulously examine these records.
Through the expertise of our medical professionals, we will ascertain whether the treatment administered fell below the acceptable standard, consequently resulting in an injury. Should the treatment be deemed substandard, we will formally communicate our concerns to the hospital, general practitioner (GP), or any other involved medical practitioner. They will be given an opportunity to respond by either admitting or refuting the allegations put forth. If they deny the allegations, it may necessitate initiating a legal claim, referred to as ‘issuing a claim.’
Subsequently, the court will oversee the claim, dictating the number of witnesses and experts allowed, as well as the evidence that should be presented. Additionally, a designated timeframe will be set for all parties to convene and endeavor to reach a consensus on the issues at hand and the appropriate level of compensation. Typically, a financial settlement is reached prior to the commencement of a trial.
The trial represents the culminating stage of the court proceedings, where all involved parties convene in the courtroom, presenting their evidence to a Judge who will ultimately determine the case’s outcome.
When pursuing a claim for medical negligence, it is important to acknowledge the inherent uncertainty involved. However, by engaging a trusted solicitor who specialises in this area, you can receive expert guidance on the likelihood of your case succeeding. This assessment is primarily founded on the comprehensive information provided by medical experts.
In order to evaluate the prospects of success, we typically employ a percentage-based approach. I will carefully assess the merits of your case and provide an informed opinion on the probability of achieving a favorable outcome.
In cases where there is injury due to negligent care you are typically eligible to secure Legal Aid funding.
It’s important to note that not all solicitor firms can provide Legal Aid funding, as it is exclusively available to highly specialised firms with a proven track record. If you qualify for Legal Aid, you are unlikely to bear any costs associated with investigating their claim.
I am a specialist in this field and can offer Legal Aid funding. In the unlikely circumstance that Legal Aid is not available, we can provide alternative legal funding through a ‘no win, no fee’ arrangement.
Embarking on a legal claim for medical negligence is often a time-consuming endeavor. The duration required to secure compensation varies depending on the nature of the injury and whether the Defendant in the claim chooses to contest the case or not.
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Initial Conversation
Gathering Information
Letter of Claim
Settlement
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